Dunkin’ Zero Energy Drinks Falsely Advertised as Containing ‘0g of Sugar,’ Allulose Class Action Lawsuit Says

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A proposed class action lawsuit alleges that Dunkin’ Zero energy drinks are falsely advertised as containing “0g of sugar” and “zero sugar” given that the beverages are sweetened with allulose, which is considered a sugar under federal labeling rules. 

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The 33-page lawsuit against Dunkin’ Brands and Inspire Brands states that, unbeknownst to consumers, the Dunkin’ Zero energy drinks at issue contain allulose in far more than just “trace amounts,” as each medium-size beverage has roughly 8 to 10 grams of the monosaccharide, while large sizes contain roughly 11 to 13 grams. The suit argues that a reasonable consumer understands a claim of “0g of sugar”—which can be found in the advertising, social media posts and menu boards used by each of the roughly 10,000 Dunkin’ locations nationwide—to mean that a beverage actually contains no sugar. 

By law, the filing says, “zero sugar” claims are permissible only if the food contains less than 0.5 grams of sugars per reference amount customarily consumed and per labeled serving. The product must also contain no ingredient that is a sugar unless it is marked by an asterisk disclosing that it adds only a trivial amount of sugar, the suit relays. 

“Defendants nevertheless add approximately 9 grams of allulose to each medium Product and 11 to 13 grams of allulose to each large Product and make no such disclosure,” the complaint summarizes. 

Because allulose is less sweet than traditional sugar (sucrose), it is used in products in “gram-scale quantities” as a bulk sweetener, the case explains. Per the case, allulose is roughly 70 percent as sweet as sucrose and “behaves like sugar in food.” 

The U.S. Food and Drug Administration (FDA) identified in its 2016 Nutrition Facts rulemaking that allulose, “as a monosaccharide, must be included” in any total-sugar declaration on product labels, the lawsuit adds. More recently, the U.S. Court of Appeals for the Seventh Circuit confirmed in a lawsuit that challenged “sugar free” claims on a product sweetened with allulose that the substance “is a sugar under the relevant federal regulation.” 

According to the Dunkin’ lawsuit, widespread public health guidance about the dangers of consuming added sugars has helped spark consumers’ demand for sugarless or low-sugar products. Per the case, sweetened drinks are the leading source of added sugar in Americans’ diets—and companies, aware that beverages touted as “zero sugar,” “sugar free” or “0g sugar” command higher prices, give prominence to those products in advertising. 

“Defendants have capitalized on that demand,” the suit alleges, accusing the companies of not only deceiving consumers but of reaping an unfair advantage over competitors that accurately label comparable drinks. 

The flavor varieties of the Dunkin’ Zero energy drinks at issue include Blackberry Tangerine, Tropical Mango, Juicy Peach, Glamberry (Blackberry Tangerine + Juicy Peach), Sunzest (Tropical Mango + Juicy Peach), Blushpop (Blackberry Tangerine + Tropical Mango), Watermelon Lime, Splashberry, Heatwave and Melon Paradise. 

The class action lawsuit against Dunkin’ looks to cover all individuals in the United States who, from March 4, 2026 through the date a class is certified, purchased one or more Dunkin’ Zero energy drinks from a Dunkin’ restaurant for personal, family or household use.

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